Before this year’s General Assembly Session we wrote about two companion bills that would create a statute of limitations on claims made by the Commonwealth of Virginia on construction and design contracts for state projects.
Yesterday, in a victory for the Virginia construction and design industries, the House of Delegates bill passed, on a bipartisan and unanimous basis, out of the House Courts of Justice Civil Subcommittee, over opposition voiced by the Virginia Department of General Services (DGS), the Governor’s Office, and VDOT. Speaking in support of the bill before yesterday’s subcommittee hearing were construction and design industry stakeholders, including Associated General Contractors, Associated Builders & Contractors, design professional organizations, as well as the Hirschler Construction Team.
The bill that was considered and passed yesterday contains a “fifteen years after completion” limitation period (with “completion” being defined as final payment), with a kicker providing that no lawsuit may be brought by the Commonwealth more than five years after actual discovery by the Commonwealth of a construction or design defect. The “five years after discovery” provision of the bill was specifically targeted for opposition by DGS but found broad support among the legislators sitting on the House subcommittee.
While we would have preferred to have seen a shorter limitation period, just obtaining a finite limit on the number of years that the Commonwealth has in which to file lawsuits is a substantial victory, and the “five years after discovery” limitation adds significant teeth to the proposed statute.
The bill will next be heard in the full House Courts of Justice Committee on its uncontested calendar and appears to be in good shape on the House side. The companion bill was scheduled to be heard yesterday in the Senate Judiciary Committee but an overflowing docket pushed the bill to Wednesday’s (February 3, 2020) docket. Stay tuned to this Bat Channel as we continue to track the progress of this bill and post updates.
As president of Hirschler and head of the firm's litigation section, Courtney knows how to lead people and projects to a successful outcome.
Leveraging deep experience in the construction industry, Courtney advises public and ...
Liz combines enthusiasm and diligence to help her clients resolve complex disputes. Whether the dispute is a construction claim, a breach of contract, or a business tort, Liz brings focus and determination to every case. Liz has ...
Kelly’s practice focuses on construction law, commercial and product liability law, with an emphasis on dispute resolution—including mediation, arbitration, jury and bench trials in state and federal court. She routinely ...
Nate fully engages in each case and shoulders his clients’ needs. Communication, efficiency and careful judgment define his practice. In every case, he investigates competing claims to thoroughly understand their strengths ...
A professional engineer (P.E.) and an experienced lawyer, Webb began practicing at Hirschler Fleischer following four years of work as a consulting engineer. His multidisciplinary practice focuses on general business and ...
SubscribeSubscribe to Hirschler by Email
- Kelly Bundy and Liz Burneson Discuss Tips for Subcontractors faced with Pay-if-Paid Provisions in Contractor Magazine
- General Assembly Has Killed Right to Work Repeal Bills
- Virginia Statute of Limitations Bill Advances Through General Assembly
- House Subcommittee Passes Bill Establishing Limitations Period Against The Commonwealth
- Are You a Joint Employer? The DOL’s New Test Helps Answer That Question
- Virginia Department of General Services Issues Final report on Statute of Limitations Exemption for State Construction Contracts
- Right to Work Laws and What a Potential Repeal Could Mean
- Construction Year in Review: 2019 Trends and What to Expect in 2020
- Department of General Services Conducts “Town Hall” on Statute of Limitations Bill
- New Virginia Supreme Court Case Refocuses Attention on Commonwealth's Immunity from Statutes of Limitation
- Workforce Development
- Dispute Resolution
- Government Contracts
- Little Miller Act
- Miller Act
- Mechanic's Liens
- Occupational Safety and Health Act (OSHA)
- Department of Professional and Occupational Regulation (DPOR)
- Virginia Employment Commission (VEC)
- Virginia Workers' Compensation Commission
- Uniform Statewide Building Code
- Change Orders
- February 2020
- January 2020
- November 2019
- August 2019
- June 2019
- April 2019
- February 2019
- January 2019
- December 2018
- October 2018
- September 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016